Gandhimathi v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ganthimathi ... Petitioner Vs.
The Sub Registrar Ulundurpet ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in proceedings in RFL/Ulundurpet/46/2025 dated 25.06.2025 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register the sale deed datd 25.06.2025 forthwith.
For Petitioner(s) : M/s.R.Poornima For Respondent(s) : Mr.A.Selvendran Special Government Pleader
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.The present writ petition is filed challenging the refusal check slip dated 1/4
25.06.2025, whereby the sale deed which was sought to be registered in respect of the property comprised in Survey No.423/17 and 423/15 measuring to an extent of 0.46 cents and 1.42 cents in Senkurichi Village, Ulundurpet was refused registration on the premise that the patta and the encumbrance certificate stood in the name of persons / entities other than the vendor. 3.It is the contention of the learned counsel for the petitioner that the refusal is contrary to the circular issued by the Inspector General of Registration in No.22482/C1/2022 dated 12.07.2024, and that the impugned proceedings being contrary to the above circular cannot be sustained. The relevant circular reads as follows:
" .......
In the reference, first cited, Hon'ble High Court had directed the Inspector General of Registration to issue circular indicating the law declared by the Court in various verdicts. Accordingly this circular is issued on the basis of the various verdicts of Courts and also reiterating various circulars which have been already issued in this regard.
a) Vide Inspector General of Registration Circular No. 58804/L1/2004 dated 8.11.2004 it has been already instructed that registering officers should not insist the registrants to produce Chitta, Adangal, Rental value certificate etc. Moreover, in the said 2/4
circular it was stated that if any violation is found, severe disciplinary action would be initiated against the registering officer. Further, it is hereby reiterated that if registering officers are found to have passed an order of refusal on the grounds that the executant of a document has not produced Chitta, Adangal, FMB Sketch, then severe disciplinary actions will be taken. 4.At this juncture, Mr.A.Selvendran, learned Special Government Pleader submitted that the petitioner may have to re-present the sale deed and the same would be registered, if the same is otherwise in order.
5. In view thereof, the writ petition stands disposed of, with a direction to the petitioner to re-present the documents i.e. sale deed for registration before the respondent. The respondent shall consider and register the document, if it is otherwise in order, if for any reason the registering authority finds that the registration ought to be refused, the same shall be done after assigning appropriate reasons thereof and after putting the petitioner and other interested parties on notice. The above exercise shall be carried out within a period of two
(2) weeks from the date of presentation of such documents for registration. It is 3/4
MOHAMMED SHAFFIQ, J.
kas made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the respondent to consider the same on its own merits and in accordance with law. No costs.
18.08.2025 kas Index : Yes/ No Speaking /Non Speaking To The Sub Registrar Ulundurpet W.P. No.29705 of 2025 4/4